5165.88
[Renumbered from 5111.61] Confidentiality.

(1)
Except as required by court order, as necessary for the administration or
enforcement of any statute relating to nursing facilities, or as provided in
division (C) of this section, the department of medicaid and any
contracting agency shall not release any of the following information without
the permission of the individual or the individual's legal representative:

(b)
The identity of any individual who submits a complaint about a nursing
facility;

(c)
The
identity of any individual who provides the department or agency with
information about a nursing facility and has requested
confidentiality;

(d)
Any
information that reasonably would tend to disclose the identity of any
individual described in division (A)(1)(a) to (c) of this section.

(2)
An agency
or individual to whom the department or contracting agency is required, by
court order or for the administration or enforcement of a statute relating to
nursing facilities, to release information described in division (A)(1) of this
section shall not release the information without the permission of the
individual who would be or would reasonably tend to be identified, or of the
individual's legal representative, unless the agency or individual is required
to release it by division (C) of this section, by court order, or for the
administration or enforcement of a statute relating to nursing
facilities.

(B)
Except as provided in division (C) of this section, any record that identifies
an individual described in division (A)(1) of this section or that reasonably
would tend to identify such an individual is not a public record for the
purposes of section 149.43 of the Revised Code, and is not subject to
inspection and copying under section 1347.08 of the Revised Code.

(C)
If the department or a contracting agency, or an agency or individual to whom
the department or contracting agency was required by court order or for
administration or enforcement of a statute relating to nursing facilities to
release information described in division (A)(1) of this section, uses
information in any administrative or judicial proceeding against a facility
that reasonably would tend to identify an individual described in division
(A)(1) of this section, the department, agency, or individual shall disclose
that information to the facility. However, the department, agency, or
individual shall not disclose information that directly identifies an
individual described in divisions (A)(1)(a) to (c) of this section, unless the
individual is to testify in the proceedings.

(D)
No person shall knowingly register a false complaint about a nursing facility
with the department or a contracting agency, or knowingly swear or affirm the
truth of a false complaint, when the allegation is made for the purpose of
incriminating another.